When someone passes away without a will, the court assumes responsibility for distributing their assets. This legal process may not reflect the person’s wishes or the needs of their loved ones.

Without a will, your estate is declared “intestate,” and state law will determine who inherits your property. Spouses, children, and even distant relatives may receive shares of your estate based on statutory order. This is why having an estate plan in Utah is one of the most important steps you can take to protect your intentions.

What Utah Law Says About Dying Intestate

Under Utah Code §§ 75-2-102 and 75-2-103, property is distributed in a specific sequence if there is no will. The spouse may receive the full estate only in some instances. If there are children from a previous relationship, the estate is divided among them and the surviving spouse. If there are no spouses or children, the estate may pass to parents or siblings.

This distribution often leads to confusion and tension. A documented estate plan provides your family with guidance and legal clarity when they need it most.

Probate and the Cost of Delay

Estates without a will typically go through Utah’s probate process. This court-supervised system appoints someone to manage debts, assets, and legal filings. Without clear instructions, the court may select a personal representative who lacks familiarity with your preferences. In some cases, probate can take several months or longer, particularly when disagreements arise between heirs.

For families seeking to avoid this, working with trust and estate attorneys in Utah can offer alternatives such as revocable living trusts and advance directives. These tools reduce the burden on your loved ones and provide greater privacy during estate administration.

Why Planning Matters for Your Loved Ones

When someone dies intestate, family members often face delays in gaining access to accounts, real estate, or personal belongings. This can create immediate financial hardship, especially when funeral expenses or mortgage payments are due. Proper legal planning addresses these issues in advance.

Many people who visit our office in Ogden are surprised to learn about the accessibility and benefits of planning. Those who work with estate planning attorneys serving Ogden often appreciate how quickly they can complete documents that protect their interests and minimize risk. You can explore relevant services on our practice areas page.

How Much Does It Cost to Plan Ahead?

The cost of preparing a will or trust is often much lower than the legal fees involved in resolving an intestate estate. Families are often surprised to learn that estate planning costs in the state of Utah are far more affordable than expected. A basic plan may include a will, powers of attorney, and health care directives. More advanced plans can incorporate trusts, business succession tools, and beneficiary designations.

If you’re unsure where to begin, the attorneys at our firm can walk you through your options. Visit our attorney page to learn more about our estate planning team.

It’s Time to Protect What Matters

Passing without a will means giving up control over who inherits your assets and who makes key decisions. This can lead to lengthy court processes and undesirable outcomes.

At Mountain View Law Group, we help families across Utah prepare thoughtful estate plans that reflect their wishes and reduce future conflict. If you are ready to secure your future, contact us today and let our firm provide the guidance you need.